R. SHAMA NAIK Vs. G. SRINIVASIAH

JUDGEMENT

(1.) This petition arises from the judgment and order passed by the High Court of Karnataka at Bengaluru in Regular First Appeal No. 1017 of 2013 dtd. 1/7/2021 by which the Regular First Appeal filed by the original defendant came to be allowed thereby quashing and setting aside the judgment and decree of specific performance passed by the trial court in favour of the petitioner herein-original plaintiff.

(2.) It appears that the petitioner herein original plaintiff instituted a suit for specific performance of contract based on agreement of sale dtd. 3/3/2005.

(3.) The total sale consideration fixed in the Agreement of sale is Rs.30,00,000.00 (Rupees Thirty lakh only). Rs.12,50,000.00 (Rupees Twelve lakh fifty thousand only) came to be paid by the petitioner herein towards earnest money at the time of execution of the agreement of sale.